South Australian Current Acts

AQUACULTURE ACT 2001 - SECT 90

90—Evidentiary

        (1)         In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying—

            (a)         that a person named in the certificate was at a specified time a delegate of the Minister unconditionally or subject to specified conditions; or

            (b)         that a person named in the certificate was or was not at a specified time the holder of a specified aquaculture lease or licence; or

            (c)         that a provision set out in the certificate was at a specified time a condition of a specified aquaculture lease or licence; or

            (d)         that a person named in the certificate was or was not at a specified time a responsible person for a specified aquaculture tourism development authorisation under Part 7A; or

            (e)         that a person named in the certificate was or was not at a specified time the holder of a specified tourism lease or tourism licence under Part 7A,

is, in the absence of proof to the contrary, proof of the matters certified.

        (2)         In proceedings for an offence against this Act, an allegation in the complaint—

            (a)         that a person named in the complaint was an authorised person on a specified day in relation to a specified marked-off area; or

            (b)         that a person named in the complaint was at a specified time a fisheries officer; or

            (c)         that an organism in relation to which an act or omission is alleged to have been done or made was an aquatic organism of a specified species or was an aquatic organism having a specified characteristic,

is, in the absence of proof to the contrary, proof of the matter alleged.

        (3)         In proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position.

        (4)         In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was or was not within a specified aquaculture lease or licence area or a specified marked-off area will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.

        (5)         In proceedings for an offence against this Act, if it is proved that aquatic organisms were present in the area of a licence at a specified time or date it will be presumed, in the absence of proof to the contrary, that the aquatic organisms were being farmed for the purposes of trade or business or research at that time or date.